Dated: March 17, 2021
These Terms and Conditions (“these Terms”) govern the conditions in which you, as a User (“User” or “You”) of the Chains.com website, as either a buyer or service provider, are permitted to use the platform provided by Chains Online Services Limited (“CHAINS” or “We”), an International Business Corporation incorporated under the laws of the Republic of Seychelles. By accessing, registering, downloading, using, clicking on, or purchasing the services, products, tools, and information made available by CHAINS via the Chains.com website and/or mobile application, you hereby accept and agree to all the terms set forth herein.
You and CHAINS are referred to separately as “Party” and collectively as “Parties”.
You are strongly advised to carefully read these Terms as well as the provisions detailed in our Privacy Policy prior to using the website and/or mobile application. By using the website and/or mobile application in any capacity, you agree that: (i) You have read and familiarized yourself with these Terms; (ii) You understand these Terms; and (iii) You agree to be bound by these Terms when using the website and/or mobile application. If You do not agree to these Terms, You must immediately stop using the website and/or mobile application.
We reserve the right to modify or amend these Terms, the website, the mobile application, or any content on either one of the platforms from time to time, including for security, legal, or regulatory reasons, as well as to reflect updates or changes to the services or functionality of the website and mobile application. You are advised to check these Terms periodically to ensure that you are cognizant of the current versions and comply with them. Users of the website and mobile application are bound by these changes which will take immediate effect after the revised versions of these Terms have been published on the website or mobile application. Through your continued use of or interaction with the website, mobile application, tools, and information made available on these platforms, you hereby agree to be bound by the provisions highlighted in the subsequent versions.
We will provide a notification on the website specifying that changes have been made to these Terms whenever they occur. By accepting the notification, You accept that we have provided you with sufficient notice of any changes. You should seek professional advice regarding any possible tax and legal requirements you must comply with in relation to your use of the website, mobile application, tools, and services provided by CHAINS.
“AML” refers to Anti-Money Laundering.
“Applicable Laws” refers to acts, statutes, regulations, ordinances, treaties, guidelines, and policies issued by governmental organizations or regulatory bodies, including, but not limited to, the governing law stipulated under Laws of the Republic of Seychelles.
“Business” refers to a buyer or a service recipient that receives Gig/Gigs from Service Providers. The term “Business” may also include businesses that utilise Our platform for purposes related to their business activities.
“CHAINS Platform” refers to the Chains.com website, mobile applications, and any other official CHAINS communication channels made available to access CHAINS Services which may be subject to periodic revision.
“CHAINS Account” refers to a virtual account users create on the Chains.com website or mobile application that allows users to access CHAINS Services.
“CHAINS Services” refers to any services provided by CHAINS - including CHAINS Platform, Launchpad, Prism, Exchange and Marketplace.
“CHA[X] Token”, “CHA”, “CHA Token” means cryptographic digital Token and a software-created and released by CHAINS. CHA Tokens may exist and be swapped between various blockchains, such as: TRON, Ethereum, Binance Smart Chain, NEO, and Omni, Waves, Stellar. Such Tokens may be referred to as CHA or CHA[X], where the X represents a letter that provides an indicator as to which chain the Token is on, such as CHAT, CHAC, etc.
“CFT” refers to Combating the Financing of Terrorism.
“Content” refers to all content generated by CHAINS, including logos, identifying marks, images, illustrations, designs, icons, photographs, videos, text, any written or multimedia materials, products, services, advertisements, software, code, data, files, archives, folders, or available downloads on the CHAINS Platform and CHAINS Services.
“Digital Currency” means the currency listed on the CHAINS Platform as the medium of exchange between businesses and service providers, and also refers to the encrypted or digital tokens or cryptocurrencies based on blockchain and cryptography technologies.
“Exchange” efers to a transaction where one digital currency is exchanged for another digital currency or a spot transaction in which Digital Currencies are exchanged for fiat currencies or vice versa.
“Gig” is broadly defined as a service, product, or deliverable, tangible or intangible, provided by a party to another party, which is offered on CHAINS Marketplace.
“Gig Package” enables Service Providers to offer services at different formats and prices.
“Gig Page” refers to the web page where Service Providers can describe their Gigs, profiles, and Gigs terms. It also refers to the web page where Businesses can purchase Gigs and create orders.
“Marketplace” refers to a digital, full-featured marketplace and exchange for products and services which can be accessed using one account. It is a place where all freelancers can meet with their clients for serving the products and services. Users can pay for products and services using their currency of choice, while service providers can define which currencies they are willing to accept.
“Negative Slippage” means the difference between the expected executed price of an order and the price at which the order is actually executed. In this case the order executes at a worse price.
“Positive Slippage” means the difference between the expected executed price of an order and the price at which the order is actually executed. In this case the order executes at a better price.
“Prism” refers to a marketing data, marketing research, analytics and other information provided by CHAINS via its analytics product.
“Prohibited Jurisdictions” specifically refer to the United States, Israel, Somalia, Sudan, South Sudan, Venezuela, Central African Republic, Botswana, Cambodia, the Democratic People’s Republic of Korea, Libya, Republic of Seychelles, Ethiopia, Ghana, Iran, Iraq, Afghanistan, Panama, Sri Lanka, Syria, Trinidad and Tobago, Tunisia and Yemen.
“Order” refers to the formal agreement between the Business and the Service Provider. An order shall be purchased through the Order button found on the Gig Page.
“Service Provider” means a User who can offer and perform services to the Business through Gigs or the CHAINS Platform, which, as of now, includes freelancers and shop owners.
“Stop Loss” refers to an instruction attached to an open order if the type is a market order and an instruction attached to a price range or limit order before execution for minimizing loss. In the case of market order, negative or positive slippage may occur.
“Wallet(s)” means a series of digital wallets provided through CHAINS Platform for receiving and holding Digital Currencies.
3.1 Contractual Relationship
These Terms constitute a valid and binding agreement between You and CHAINS. The binding obligations stipulated in these Terms are enforceable.
3.2 Revision and Amendments
CHAINS reserves the right to revise, amend, or update any clauses and provisions stipulated in these Terms in its sole discretion at any time. CHAINS shall notify the revision or amendment of such clauses or provisions by updating these Terms and specify the Last Revised Date displayed on a page of Terms and Conditions. Any revisions and updates on these Terms shall be automatically effective upon their publication on CHAINS Platform, which includes the Chains.com website. Therefore, your continuity of accessing or using CHAINS Services shall be deemed that you agree to have read, understood, and accepted all revised terms and provisions. If you do not agree on any revised or updated terms and provisions, you should immediately stop accessing or using our services. You are encouraged to frequently and carefully review these Terms to ensure that you understand these Terms.
3.3 Privacy Policy
You acknowledge and confirm that you have read, understood, and agreed to provisions stipulated in the Privacy Policy, which shall explain how CHAINS treats your information and protects your privacy when accessing or using CHAINS Platform. By using CHAINS Platform, you hereby agree that CHAINS may collect and use your information provided to us as set forth in the Privacy Policy for the purpose of CHAINS services.
3.4 The Use of Website (https://chains.com/)
3.4.1 You will comply with all applicable domestic and international laws, statutes, ordinances and regulations applicable to your use of the website. You will not use the website or its content for any unlawful purpose, including but not limited to copyright laws or labour laws.
3.4.2 You shall be responsible for obtaining the data network access necessary to use the website. Your network s data and rates and fees may apply if you access or use the website from a wireless-enabled device, and you shall be responsible for such rates and fees.
3.4.3 You shall be responsible for acquiring and updating compatible hardware or device necessary to access and use the website and any updates thereto. In addition, the website may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
3.4.4 You shall not upload any images, graphics, photographs, videos, or content that is deemed unlawful, offensive, malicious, threatening, libellous, defamatory, obscene, or otherwise objectionable or violates any party s intellectual property.
3.4.5 You shall be responsible for keeping your credential information, including your username and password to your CHAINS account secure.
3.4.6 You shall not abuse, harass, threaten, impersonate, or intimidate other Users of the Website.
3.4.7 You shall be solely responsible for your conduct and any Content that you submit, post, and display on the website.
3.4.8 You shall not modify, adapt, or hack the website or modify another website to imply that it is associated with the website falsely.
3.4.9 You shall not crawl, scrape, or otherwise cache any content from the website including but not limited to user profiles, images, graphics and photographs. You shall agree not to use any automated data collection methods, data mining, robots, or scraping or any data gathering methods of any kind on the website.
3.4.10 You shall not create or submit unwanted comments or content to Our Users via our Platform.
3.4.11 You shall not transmit any malware, worms or viruses or any code of a destructive nature.
3.4.12 You shall not use the website or any of its contents for advertising or soliciting, for any other commercial, political, or religious purpose, or to compete, either directly or indirectly with CHAINS.
3.4.13 You shall not send through the Chains.com Website to any third party which its details are available in the Website and You shall not publish, post and/or upload any content which is offensive, infringing proprietary rights including content which infringes copyrights or trademarks, content which is illegal to publish due to gag orders issued by a competent officials, courts, which is defaming and/or violating one’s privacy, and computer software and/or computer code and/or Website and/or Service containing viruses, malicious software and harmful Website and/or Services, passwords, usernames and other identifying data enabling the use of computer software, digital files, websites and services requiring registration of payment, freeware of registration, any information containing harmful, unlawful, libellous and/or racist content, information which may mislead the third party and/or any information which harms any acceptable norms of using the internet and which may harm the internet us ers and specifically the Chains.com Website Users.
3.4.14 If CHAINS has the reasonable ground to believe and determine that you have engaged in any use of the website in breach of this Clause, CHAINS may address such breach through an appropriate sanction, in its sole and absolute discretion. Such sanction may include, but is not limited to, making a report to any government, law enforcement, or other authority, without providing any notice to you about any such report; or suspending or terminating your access to the CHAINS Service. CHAINS may, at its sole and absolute discretion, take any action it deems appropriate to comply with Applicable Laws or the laws of any other jurisdiction. In addition, should your actions or inaction result in the imposition of economic costs to CHAINS, you shall pay an amount to CHAINS so as to render CHAINS whole, including without limitation, the amount of taxes or penalties that might be imposed on CHAINS.
3.5 Links to and from the Website
3.5.1 You may, through hypertext or other computer links, gain access from the website to websites operated by persons other than us. Such hyperlinks are provided for your convenience.
3.5.2 A link from another website does not mean that we endorse or approve the content on that website or the operator of that website. You are solely responsible for determining the extent to which you may use or rely upon any content at any other websites which you have accessed from this website. We have no control over the content of these sites or resources and accept no reasonability for them or for any loss or damage that may arise from your use of them.
3.5.3 We assume no responsibility for the use of, or inability to use, any third-party software, other materials, or contents posted and/or uploaded on the website and shall have no liability whatsoever to any person or entity for their use of, or inability to use, any such third-party content.
3.6 Slippage
As the markets move rapidly, and despite reasonable steps undertaken by CHAINS to provide the User with the best available price, all types of purchase orders, as instructed, will be executed at prices either worse or better than expected due to the occurrence of Negative or Positive Slippage, respectively. It is important to note that the occurrence of Slippage will not affect the perfection of the purchasing order, and therefore the User is entitled to lose the invested amount (including any profit, if gained) when Slippage occurs. In addition, transactions in some order that set the high fees may cause lower Slippages.
Launchpad Orders which are not executed within three hours may experience a market gap and are therefore more susceptible to significant slippage, which may result in a full refund to the User in the event where CHAINS exercises its right to refund the purchasing amount.
3.7 Availability of the Website
3.7.1 As electronic services are subject to interruption or breakdown, access to the website is offered on an "as is" and "as available" basis only.
3.7.2 We reserve the right to limit the availability of the website to any person, geographic area, or jurisdiction we so desire and/or terminate your access to and use of the website, at any time and in our sole discretion.
3.7.3 We may, at our sole discretion, impose limits or restrictions on the use you make of the website. Further, for commercial, security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms, we may withdraw the website or your access to the website at any time and without notice to You.
4.1 All contents, remarks, suggestions, ideas, materials, market research and analytics or other information provided by you through this website shall forever be our property. You acknowledge that you are responsible for any submissions provided through your username or password, and you, not us, have full responsibility for such submissions, including their accuracy, legality, reliability, appropriateness, originality, and copyright. Notwithstanding the foregoing, we have the right to refuse to post, remove, edit, or abridge any submission for any reason and to disclose any submission as we deem necessary, including without limitation to achieve compliance with any applicable law, regulation, legal process, or governmental request, all in our sole discretion
4.2 Subject to Clause 4.4 below, as between You and us, we own all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights that exist in or in relation to the website and CHAINS.
4.3 If and to the extent that any such intellectual property rights are vested in you by operation of law or otherwise, You agree to do any and all such acts and execute any and all such documents as we may reasonably request in order to assign such intellectual property rights back to us.
4.4 You may retain ownership of some copyright you upload or submit to the website based on the mutual agreements of both parties.
4.5 As long as the Chains.com Website is active, You agree that You shall grant us a worldwide, exclusive, royalty-free, non-terminable license to use, copy, distribute, publish, and transmit such data in any manner.
4.6 We shall not warrant or represent that the content of the website does not infringe the rights of any third party.
4.7 You undertake that you shall not at any time, after you have provided a unique username to us, divulge or communicate to any person (except to professional representatives or advisors as may be required by law or any legal or regulatory authority) any Confidential Information, and shall use best endeavours to prevent the unauthorized publication or disclosure of any Confidential Information, and shall only use such Confidential Information for the purposes of proposing, considering or making transactions through CHAINS. Confidential Information for the purposes of this Clause shall include all information in whatever form (including in visual, oral, or electronic form) relating to us or any other user or Business or an individual or a company that was previously a user, which is provided or disclosed through CHAINS (or to any employees or agents) in connection with the use of CHAINS s Services.
5.1 All content, including, but not limited to, logos, displays, marks, or names, generated by Service Providers shall be provided to CHAINS for upload and/or incorporation with other content on the website. The rights of such content shall be assigned to CHAINS. Therefore, the website and its content are our property which is protected by copyright, trademark, patent, and other applicable laws.
Service Providers can retain some rights of the contents based on the mutual agreement between CHAINS and Service Providers.
5.2 You are permitted to download and print content from this website solely for your personal use or during the course of your activities to the extent required to use the services provided on this website. Website content must not be copied or reproduced, modified, redistributed, used, created for derivative works, or otherwise dealt with for any other reason without our express written consent.
5.3 Third parties participating in the Marketplace or other services provided to CHAINS, may permit CHAINS to utilize Trademarks, Copyrighted Material, and other Intellectual Property associated with their businesses.
5.4 Except where necessary for and incidental to personally viewing the website through your web browser, or as permitted by these Terms, no part of the website may be reproduced, stored (for any period of time) in an electronic or any other retrieval system, modified, adapted, uploaded to a third-party location, framed, performed in public, or transmitted, in any form by any process whatsoever, without our specific prior written consent from CHAINS or the third parties participating in the Marketplace where applicable.
6.1 Launchpad Usage
6.1.1 CHA Tokens will be sold to CHAINS users via the Launchpad, a platform by CHAINS.
6.1.2 Users who wish to participate in the Token Sale will be required to set up a Chains.com account.
6.1.3 The Launchpad supports multiple payment gateways, both native and third-party payment processors. It is up to the users to select a payment gateway which fits their payment method.
6.1.4 You may apply for setting up a free CHAINS account at www.chains.com before accessing or using CHAINS services. When you register a CHAINS account, you agree to provide complete and accurate information which includes your real name, email address, and secure password. You also agree to periodically update your information provided to CHAINS to maintain the integrity and accuracy of information. However, at our sole discretion and without liability to you, CHAINS may refuse to open a CHAINS account if your information has been verified to be outdated, incomplete or incorrect.
6.1.5 Your provided information will be used for Know-Your-Client or KYC verification which will be executed via Chains.com, via third-party partners, and CHA Tokens will be placed to the User account after the completion of the Sale.
6.1.6 The placement of CHA in the user’s account does not guarantee its liquidity, value or tradeability. Using or liquidation of CHA tokens may be contingent upon additional verification requirements.
6.2 Eligibility
By applying for an opening CHAINS account, you represent and warrant that the following qualifications are met:
6.2.1 You are at least 18 years old and have full legal capacity. You warrant, represent, and undertake that you possess the legal right and ability to access the website in accordance with these terms.
6.2.2 You are not a citizen or resident from the Prohibited Jurisdictions, and you do not have any relevant connection with any jurisdictions where we have prohibited services and access to the website.
6.2.3 You have not been previously suspended or forbidden from accessing or using CHAINS services.
6.2.4 Your accessing or use of CHAINS services shall not violate any Applicable Laws or regulations to you, including but not limited to regulations of AML and CFT.
6.3 Identity Verification
All information provided by you to CHAINS for opening a CHAINS account may be used to verify the user s identity, identify traces of money laundering, terrorist financing, fraud, and other financial crimes through Know Your Client KYC/AML/CFT procedures.
CHAINS regularly monitors and assesses activities that may constitute a potential breach of AML laws, CFT laws, Sanctions laws, Anti-Bribery laws, and other relevant Applicable Laws and/or international regulations. We shall collect, use, and maintain information provided by you following these terms and our Privacy Policy. You also authorize us to conduct investigations and agree to our collection of additional information, either directly or through regulated third-party service providers to ensure our compliance with international regulations and laws relating to the operation of CHAINS and in order to verify your identity or to protect you and us from any possible financial crimes, and to take necessary actions based on the results of such investigations.
Such information may include but is not limited to, your name, email address, residential address and contact information, username, phone numbers, government identification numbers, and other necessary information for the verification.
You fully acknowledge that your information may be disclosed to credit bureaus, and/or government agencies for fraud and financial crime prevention upon request by any such agency for legal or administrative purposes by a competent authority or court order. Once you have registered your account, you must ensure that all information provided to CHAINS is complete, accurate, and update in a timely manner when there is any change to the information held by CHAINS in relation to your account. Should there be any reasonable grounds to believe that the partial or the whole of your information provided to us is incomplete, or incorrect, or outdated, CHAINS reserves the right to send you a notice to demand correction, or to delete such information directly, and, as the case may be, to terminate all or part of CHAINS services that we provide to you. If CHAINS cannot reach you with the contact information you have provided to us, you shall be fully liable for any losses or expenses caused to CHAINS during the use of CHAINS services.
6.3.1 Account Usage
CHAINS accounts shall be used by account registrants and authorized persons only. In this regard, CHAINS reserves the right to suspend, freeze, or cancel the access or use of CHAINS services by any other persons other than the account registrant. If you suspect or become aware of any unauthorized access or use of your username and password, you shall notify CHAINS immediately. CHAINS shall have no liability for any losses or damages arising from the access or use of CHAINS account by you or any third party with or without your authorization.
6.3.2 Prohibited Uses
CHAINS maintains a policy of strict regulatory compliance. CHAINS shall not accept digital currencies from the following known addresses: (i) "Mixing" services which attempt to obfuscate the source of funds; (ii) Peer-to-peer and other exchanges which do not perform Know Your Customer (KYC) screening as part of their onboarding process.; (iii) Any amount of funds from gambling sites; and (iv) Any amount of funds known to belong to darknet marketplaces. CHAINS retains the right to return Digital Currencies and freeze/close accounts as necessary upon receipt of Digital Currencies from these sources. Please note that any attempt to circumvent these policies shall also result in a similar action.
Also, CHAINS shall not allow any exchange or adult-oriented or pornographic materials and services, including but not limited to bullying, harassment, and hate speech towards other users.
6.3.3 Account Security
CHAINS has been committed to maintaining the security of your account and has implemented industry-standard protection for CHAINS Services. However, the actions of individual Users may pose risks. You shall agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your CHAINS Account and personal information.
You should be solely responsible for keeping your CHAINS Account and password safe and be responsible for all the transactions under your CHAINS Account. CHAINS assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.
By creating a CHAINS Account, you hereby agree that: (i) you shall notify CHAINS immediately if you are aware of any unauthorized use of your CHAINS Account and password or any other violation of security rules; (ii) you shall strictly abide by all mechanisms or procedures of CHAINS regarding security, authentication, trading, charging, and withdrawal; and (iii) you shall take appropriate steps to logout from CHAINS at the end of each visit.
7.1 Basics
7.1.1 A Service Provider shall sign up for a CHAINS account to access and create Gig/Gigs on CHAINS Marketplace. Gigs shall be related to the performance of a service or the production of specific deliverables.
7.1.2 A Service Provider shall create Gigs on CHAINS Marketplace to allow Businesses and individuals to purchase/retain their services.
7.1.3 The rating of a Service Provider shall be calculated based on reviews by other Marketplace participants, volume, and their consistency in providing services. Higher ratings may allow Service Providers to obtain advanced Service Provider levels and functionality that are not available to lower rated Service Providers.
7.1.4 For security concerns, CHAINS may temporarily disable a Service provider s ability to withdraw or transfer payments to prevent fraudulent or illicit activities. This may come as a result of security issues, improper behaviour reported by other users.
7.1.5 Gigs and users may be removed by CHAINS from the website for violation of these Terms, which may include, but is not limited to, illegal or fraudulent services, copyright infringement, trademark infringement, and violation of a third party s terms reported through our Intellectual Property Claims, adult-oriented services, pornography, inappropriate or obscene materials, intentional copies of Gigs, spam or outright nonsense, depictions of violence, deceptive Gigs and deceptive Gigs designed to mislead the Business or others.
7.1.6 Gigs that are removed for violations as mentioned above may result in the suspension of the Service Provider s account on top of other possible actions designed to enhance and maintain the integrity of the platform and its user experience.
7.2 Gig/Gigs
7.2.1 Gigs that are removed for violations are not eligible to be restored or edited.
7.2.2 Gigs may be removed or receive lower placement in a list of Gigs - whether searched or filtered lists. Such adjustments may be manual or algorithmic.
7.2.3 Gigs may include pre-approved or dynamically approved website URLs contained within a Gig’s description and profile information. Gigs having websites promoting content which violate these Terms or are deemed offensive, immoral, or illegal via users’ feedback or otherwise, shall be removed.
7.2.4 Gigs shall be required to have an image that is appropriate and related to the service offered. An option to upload two additional Gig images may be available to Service Providers.
7.2.5 Service Providers must deliver the service quality and deliverables that are in line with what they advertise. Recurring deliveries that do not match the quality offered on the Gig images may lead to the Service Provider s account losing Service Provider status or becoming permanently disabled.
7.2.6 Gigs may contain a Video uploaded through the Gig management tools available on the CHAINS Platform or CHAINS Marketplace. Such videos may or may not be approved, redacted or moderated, by the Chains team or other means.
7.2.7 CHAINS bears no responsibility to scan and verify the integrity of maliciousness of files. The nature of the CHAINS platform permits Gigs that result in the creation of digital or tangible products that may or may not cause harm to the users or the third parties.
CHAINS shall not be held responsible for such harm or any damage which might occur due to website usage, use of the content, or files transferred.
7.2.8 Statements on the Gig Page that undermine or circumvent these Terms shall be prohibited.
7.3 Featured and Top-Rated Service Providers
7.3.1 Top-Rated Service Providers shall be chosen by CHAINS, manually or via automated means, through an ongoing review process which will take into account parameters such as seniority, the volume of sales, ratings, exceptional business care, high order completion rate, and community leadership.
7.3.2 Featured Service Providers shall be chosen by Chains manually, via a Sunrise Program or via automated means, accounting for parameters that are similar to Top Rate Service provider selection parameters. Featured Services Providers may be charged a fee or offered a subsidy as a result of their status.
7.3.3 Top Rated and Featured eligibility shall be evaluated continuously by CHAINS to ensure that the quality standards and expectations of the Top-Rated and Featured selection are kept. CHAINS reserves the right to change a Top-Rated Service Provider status in light of such evaluation. In addition, Top Rated Service Providers who cannot maintain their quality of services and experience a severe drop in ratings, cease delivering on time, increased cancellation rate or violate these Terms, risk losing their Top-Rated or Featured status and the benefits that come with it.
8.1 A Buyer can order the Gig/Gigs from Service Providers via the Gigs Page or by inviting Service Providers to submit proposals. The mechanics of hiring a Service Provider may change from time to time as a result of the evolution of Our product.
8.2 When the Business orders the Gig, the Service Provider shall be notified by email as well as a notification on the website when logging into the CHAINS account. Other means of notification may be available to both Buyers and Service Providers. Account preferences may override these settings.
8.3 Service Provider shall be required to meet delivery times and any other delivery constraints specified in the Gig description and communicated to the Buyer failing to make such commitments ahead of time. Failing to adhere to aforementioned commitments shall allow the Business to cancel or renegotiate the terms of retainment without penalty.
8.4 Buyers may request the revision if the delivered materials do not match the Service Provider s description on the Gig pages or they do not match the requirements sent to the Service Provider at the beginning of the Order process.
8.5 Buyers and sellers may arrive at alternative arrangements with regard to terms of engagement and the number of revisions.
8.Buyers shall not make direct payments to the Service Providers using payment systems outside the CHAINS Platform or CHAINS Service unless such functionality is expressly agreed on and provided by CHAINS.
9.1 Order cancellations can be performed on the CHAINS Platform. If the cancellation is executed by the Buyer due to the quality of the deliverables or services rendered, the cancellation may affect the Service Provider s status and ratings, public and private.
9.2 CHAINS reserves the right to cancel orders, freeze balances and transactions in order to maintain the security of its users and the integrity of the platform.
9.3 If the order is cancelled for any reason, the payment of Currency for the Gig or services shall be returned to the Business s CHAINS balance unless agreed otherwise.
10.1 CHAINS has issued a non-currency called “vCHA”, and these points will are assigned to certain Users of the Chains.com Website and its services.
10.2 CHA Token is neither considered as currency nor security, and it also does not carry any value whether it is intrinsic or assigned. The amounts of CHA, as appear in CHAINS’ database, may be changed at any time.
10.3 CHA balance shown to the Users or claimed by Users through participating in promotions or other activities on the Chains.com Website does not constitute ownership of CHA Token.
10.4 CHAINS may change CHA Token balance assigned to the Users based on actions taken in certain circumstances, such as participating in the promotion activities, quizzes, updating Users’ profiles and so on.
10.5 CHAINS may, at its sole discretion, subtract the balance of CHA Tokens from Users’ accounts as well as assign these accounts and their owners, certain benefits which may carry value.
10.6 Holder or purchaser of CHA is not entitled, to vote or receive dividends or be deemed the holder of capital stock of the Company for any purpose, nor will anything contained herein be construed to confer on the holder of CHA, as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action or to receive notice of meetings, or to receive subscription rights or otherwise.
10.7 THE COMPANY MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE TOKENS, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, PURCHASER of CHA TOKENS ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY THE COMPANY, OR ANY OTHER PERSON ON THE COMPANY’S BEHALF.
10.8 THE COMPANY MAY OFFER THE TOKEN TO PURCHASERS AT A DISCOUNTED RATE, AT ITS SOLE AND ABSOLUTE DISCRETION. FOR THE AVOIDANCE OF DOUBT, THE COMPANY IS UNDER NO OBLIGATION TO PROVIDE INFORMATION ABOUT PRIVATE CHA TOKEN PRICING TO THE PURCHASER.
-Prism is a data aggregation tool is not meant to be used for trading or financial planning purposes
-Chains does not make any promises with regards to the performance, availability or precision of the data presented or provided on Prism.
-By utilising the CHA Token, you can unlock additional Prism queries and features, the calculation of assets in different currencies or assets, beyond those offered by default
-It is forbidden, unless explicitly allowed, in writing, to scrape collect, replicate and otherwise redistributed the data offered by Prism.
The vCHA can be redeemed as a Prism queries and calculate assets quotes in supported currencies and assets.
-Full Exchange Service Terms and Conditions will be available upon product launch.
-CHA can be used to lower transaction fees on the Exchange.
-CHA may be used to purchase assets, tokens, and other cryptocurrencies on the exchange.
13.1 Representations and Warranties
You hereby agree to make the following representations and warranties to CHAINS:
13.1.1 You are the exclusive owner of the Digital Currencies, including CHA Tokens, held in your wallet.
13.1.2 Chains will not be responsible for actions taken by You that result in the loss or destruction of the value of the Digital Currencies you hold.
13.1.3 You validly undertake any action or enter into any transaction with regard to these Terms;
13.1.4 The Digital Currencies maintained in your wallets shall not be derived from money laundering, terrorist financing, fraud, or any other illegal activities under any applicable laws;
13.1.5 You shall provide only accurate, complete, and up-to-date information and documents, if any, for the purposes of accessing or using CHAINS Services on the CHAINS Platform;
13.1.6 You shall understand and be aware of risks associated with accessing or using CHAINS’ services, and you shall be fully liable at your own risk;
13.1.7 You shall use CHAINS Services through the CHAINS Platform in good faith and shall not use it for the purpose of concealing or disguising the origin or nature of the proceeds derived from illegal or criminal activities;
13.1.8 You shall be aware that you are subject to Tax regulations in the jurisdiction you reside in and shall be fully responsible for filling or reporting any taxes and paying them as required by the Applicable Laws. CHAINS shall not be liable to compensate you for your tax obligations or advise you in relation to your tax obligations. Any uncertainties and unpredictable matters in tax legislation with respect to Digital Currencies may expose you to any unknown or unforeseeable tax implications associated with your holding of Digital Currencies and the use of CHAINS services for which CHAINS shall have no liability. Moreover, you shall not hold CHAINS liable for any expenses or losses resulting from unknown or unforeseeable tax implications;
13.1.9 You shall not breach any of the provisions stipulated in these Terms, the Privacy Policy, or any Applicable Laws in any relevant jurisdictions;
13.1.10 You shall not interfere, intercept, or expropriate our network system, data, or information;
13.1.11 You shall not transmit or upload any viruses or other malicious software program, or try to gain unauthorized access to other accounts, websites, networks or systems affiliated to CHAINS Services;
13.1.12 You shall not decompile, reverse engineer, or disassemble any of our programs, systems or products, or in any way infringe our Intellectual Property rights;
13.1.13 You shall not cause or launch any programs or scripts for the purposes of scraping, indexing, surveying, or otherwise data mining any portion of any of our programs, systems or products.
13.2 You shall inform CHAINS about any changes to your information and documents, if any, provided or submitted to CHAINS, particularly your contact details, within one (1) day the change was made.
13.3 You shall defend, indemnify, and not hold CHAINS, its affiliates, each of their respective employees, officers, directors, and representatives liable to and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney s fees), arising out of or relating to any third-party claim concerning these Terms, or your use of CHAINS Services in violation of these Terms and applicable law.
13.4 Each of the Representations and Warranties shall survive and continue to have full force and effect after the execution of these Terms.
13.5 CHAINS makes no representation, warranty, or guarantee to You of any kind. The CHAINS Platform and the Services are offered strictly on an as-is basis and, without limiting the generality of the foregoing, are offered without any representation as to its merchantability or fitness for any particular purpose.
14.1 Representations and Warranties
You hereby agree to make the following representations and warranties to CHAINS:
14.1.1 You are the exclusive owner of the Digital Currencies, including CHA Tokens, held in your wallet.
14.1.2 Chains will not be responsible for actions taken by You that result in the loss or destruction of the value of the Digital Currencies you hold.
14.1.3 You validly undertake any action or enter into any transaction with regard to these Terms;
14.1.4 The Digital Currencies maintained in your wallets shall not be derived from money laundering, terrorist financing, fraud, or any other illegal activities under any applicable laws;
14.1.5 You shall provide only accurate, complete, and up-to-date information and documents, if any, for the purposes of accessing or using CHAINS Services on the CHAINS Platform;
14.1.6 You shall understand and be aware of risks associated with accessing or using CHAINS’ services, and you shall be fully liable at your own risk;
14.1.7 You shall use CHAINS Services through the CHAINS Platform in good faith and shall not use it for the purpose of concealing or disguising the origin or nature of the proceeds derived from illegal or criminal activities;
14.1.8 You shall be aware that you are subject to Tax regulations in the jurisdiction you reside in and shall be fully responsible for filling or reporting any taxes and paying them as required by the Applicable Laws. CHAINS shall not be liable to compensate you for your tax obligations or advise you in relation to your tax obligations. Any uncertainties and unpredictable matters in tax legislation with respect to Digital Currencies may expose you to any unknown or unforeseeable tax implications associated with your holding of Digital Currencies and the use of CHAINS services for which CHAINS shall have no liability. Moreover, you shall not hold CHAINS liable for any expenses or losses resulting from unknown or unforeseeable tax implications;
14.1.9 You shall not breach any of the provisions stipulated in these Terms, the Privacy Policy, or any Applicable Laws in any relevant jurisdictions;
14.1.10 You shall not interfere, intercept, or expropriate our network system, data, or information;
14.1.11 You shall not transmit or upload any viruses or other malicious software program, or try to gain unauthorized access to other accounts, websites, networks or systems affiliated to CHAINS Services;
14.1.12 You shall not decompile, reverse engineer, or disassemble any of our programs, systems or products, or in any way infringe our Intellectual Property rights;
14.1.13 You shall not cause or launch any programs or scripts for the purposes of scraping, indexing, surveying, or otherwise data mining any portion of any of our programs, systems or products.
14.2 The regulatory regime governing Digital Currency
The regulatory framework relating to Digital Currencies remains unsettled, and any laws, regulations, or guidelines may be significantly revised and amended which shall materially and adversely affect the value of Digital Currencies and your services on CHAINS Platform as follows.
14.2.1 Regulations of the use, transfer, and exchange of Digital Currencies in various jurisdictions are currently undeveloped or underdeveloped and likely to evolve rapidly. One or more countries may take regulatory actions in the future that severely restricted, which may directly or indirectly affect or restrict services provided to Users on CHAINS Service.
14.2.2 To the extent that CHAINS may be required to obtain licenses, permits, and/or approvals in any jurisdiction to offer CHAINS Services, but are unable to obtain such Regulatory Approvals or if such Regulatory Approvals are not renewed or revoked for any reasons, the Users in such jurisdictions shall be unable to access or use CHAINS Services.
14.2.3 It is difficult to predict how or whether governments or regulatory authorities may implement any changes to laws and regulations affecting the use, transfer, and exchange of Digital Currencies. In the case where CHAINS may be requested or forced to suspend or discontinue or to change the operation of CHAINS Services in any jurisdictions required by laws and the authorities, your CHAINS account may be frozen for an indefinite period of time until the matter is solved. You shall be responsible for determining whether the use of CHAINS Services is legal in your jurisdiction, and you shall not access or use CHAINS Services if they are illegal in your jurisdiction. If you are uncertain on the legal status of Digital Currency in your jurisdiction, please seek independent advice from your legal advisor.
14.3 Technical and System Failure affected the obligations stipulated in these Terms CHAINS may experience system failures, unplanned interruptions in its network or services, hardware or software defects, security breaches or other causes that could adversely affect CHAINS s infrastructure network, which includes Chains.com Website.
CHAINS is unable to anticipate the occurrence of hacks, cyber-attacks, mining attacks, including but not limited to double-spend attacks, majority mining power attacks and selfish-mining attacks, distributed denial of service attacks or errors, vulnerabilities or defects in Chains.com, CHA Tokens, Users accounts, Users wallets or any technology, including but not limited to smart contract technology. Also, CHAINS is unable to detect the hacks as mentioned earlier, mining attacks, cyber-attacks, distributed denials of service errors vulnerabilities, or defects in a timely manner and does not have sufficient resources to efficiently cope with multiple service incidents happening simultaneously or in rapid succession.
In addition, CHAINS s network or Services, including the CHAINS Service, could be disrupted by numerous events, including natural disasters, equipment breakdown, network connectivity downtime, power losses, or even intentional disruptions of its services, such as disruptions caused by software viruses or attacks by unauthorized users, some of which are beyond CHAINS s control. Although CHAINS has taken steps against malicious attacks on its appliances or its infrastructure, which are critical for the maintenance of the CHAINS Platform and its services, there can be no assurance that cyber-attacks, such as distributed denials of service, shall not be attempted in the future, and that CHAINS s enhanced security measures shall be effective. Any significant breach of CHAINS s security measures or other disruptions resulting in a compromise of the usability, stability and security of CHAINS s network or services, including the CHAINS Platform, may adversely affect CHA Tokens.
14.4 CHAINS shall have no liability for any delay, error, interruption, or failure to perform any obligation under these Terms where the delay or failure is directly or indirectly resulting from any causes beyond CHAINS s control, including, but not limited to;
14.4.1 Acts of God, nature, or court of government;
14.4.2 Failure or interruption of public or private telecommunication networks, communication channels or information systems;
14.4.3 Acts or omission of acts of a party for whom We are not responsible;
14.4.4 Delay, failure, or interruption in, or unavailability of, third-party services;
14.4.5 Strikes, lockouts, labour disputes, wars, terrorist acts and riots
14.5 YOU UNDERSTAND AND AGREE THAT YOUR USE OF CHAINS PLATFORM AND CHAINS SERVICE COMPLETELY AT YOUR OWN RISK. THIS CLAUSE IS NOT EXHAUSTIVE AND DOES NOT DISCLOSE ALL THE RISKS ASSOCIATED WITH DIGITAL CURRENCIES AND THE USE OF SERVICES. THEREFORE, YOU ARE RECOMMENDED TO CAREFULLY CONSIDER WHETHER SUCH USE IS SUITABLE FOR YOU IN LIGHT OF YOUR JUDGEMENT, CIRCUMSTANCES, AND FINANCIAL POSITION.
15.1 NOTWITHSTANDING ANY PROVISIONS WITHIN THESE TERMS, IN NO EVENT SHALL CHAINS, ITS AFFILIATES, OR ITS EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO THE USER FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR OTHER SUCH WEBSITES, OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, OR OTHER SUCH WEBSITES, INCLUDING, BUT NOT LIMITED TO, LOST REVENUE, LOST PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF YOUR CREDENTIAL INFORMATION (USERNAME AND PASSWORD), REPLACEMENT GOODS, LOSS OR INTERRUPTION OF TECHNOLOGY, LOSS OF USE OF SERVICE OR EQUIPMENT, EVEN IF THE USER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. CHAINS SHALL ALSO HAVE NO LIABILITY FOR ANY EMERGENCY AND/OR UNFORESEEABLE INCIDENTS RELATED TO YOUR USE OF CHAINS SERVICES ON THE CHAINS PLATFORM OR CHAINS SERVICE SUCH AS STOEN PASSWORDS OR HACKED ACCOUNTS.
15.2 CHAINS shall not guarantee the quality level of Gigs or services offered by the Service Providers to the Buyers. Thus, CHAINS shall have no liability if the quality of the Gigs or services is not rendered as advertised on Gig Pages.
15.3 Neither We, nor any of our agents, shall be liable for (i) the management or performance of Gigs or services, (ii) the Digital Currencies maintained in your wallet (including any depreciation in their value), and (iii) any taxes or duties payable with respect to your Digital Currency.
15.4 Except as expressly provided in these Terms, to the maximum extent permitted by any Applicable Laws, we disclaim all other representations or warranties, express or implied, made to you, your affiliates, or any other person, including, without limitation, any warranties regarding the quality, suitability, merchantability, fitness for a particular purpose or otherwise (regardless of any course of dealing, custom or usage of trade) of any service or any goods provided incidental to CHAINS services under these Terms.
Our liabilities with respect to representations and warranties that are excluded under these Terms, at our option, is limited to any one of resupplying, replacing, or repairing or paying the cost of the resupplying, replacement or repairing or paying the cost of resupplying the services in respect of which the breach occurred.
In no event will our aggregate liability for any loss or damage that arises in connection with CHAINS Services exceed the fees you paid to CHAINS for your use of CHAINS Services, if any, during a twelve (12) month period immediately preceding the event that gave rise to the claim for liability. The preceding limitations of liability shall apply to the fullest extent permitted by any Applicable Laws.
15.5 CHAINS shall have no liability for any Third-Party Services provided or made available to Users. CHAINS makes no representations or warranties whatsoever, expressed or implied, as to the accuracy, totality, timeliness, appropriateness, suitability, or vigour for any purpose or use of such Third-Party Services, products, services and information, customer and technical support or web presence or any of their presentations or representations. You shall acknowledge and agree that CHAINS shall not be liable in any way for the use of such Third-Party Services.
You irrevocably undertake the responsibility of fully indemnifying and holding harmless each of CHAINS, its affiliates, shareholders, officers, directors, employees, and agents and their respective successors, heirs and assigns promptly upon demand at any time and from time to time, from and against any and all losses, claims, actions, proceedings, damages, demands, judgements, sums, liabilities, damages, costs, charges and expenses, including, but not limited to, any reasonable attorney s fees or penalties imposed by any regulatory authority, and reimbursements arising out of or related to the following situations:
16.1 Your use or conduct in accordance with CHAINS Services on the CHAINS Platform;
16.2 Your breach of or our enforcement of these Terms;
16.3 Any violations of Applicable Laws, regulation, or rights of any third-party during your use of CHAINS Services.
If you are obligated to indemnify CHAINS, its affiliates, shareholders, officers, directors, employees, and agents and their respective successors, CHAINS shall have the right, at our sole discretion, to control any action or proceeding and to determine whether CHAINS wishes to proceed, or settle, and if so, on what terms or provisions.
17.1 These Terms shall be immediately terminated by closing your CHAINS account and discontinuing your use of CHAINS Services.
17.2 These Terms and CHAINS Services can be terminated upon written notice by CHAINS if there is reasonable ground to believe that you have breached any of the terms or provisions stipulated in these Terms, or if you do not comply with these Terms.
17.3 In the event that your suspended or closed CHAINS account has an outstanding balance of your Digital Currencies, including CHA Tokens, you shall be entitled to recover the relevant Digital Currencies, unless CHAINS is prohibited by any Applicable Laws or court order to release them, including, but not limited to, situations where CHAINS has reasonable grounds to suspect that such amount of Digital Currencies used for the purchase of CHAINS Services or Gigs were obtained by fraudulent or illegal means, or connected with any criminal activities.
17.4 The termination of these Terms shall not prevent CHAINS from seeking remedies from you in the case where you breach any terms or provisions before such termination.
17.5 Any ongoing obligation to you as well as the provisions regarding (i) CHAINS intellectual Property, (ii) No solicitation or Offering, (iii) indemnification, (iv) Limitation of liability, and (v) any other provisions designed to survive, will survive any termination or expiration of these Terms for any reason.
Any notice required or made under these Terms from CHAINS to You shall be considered validly received when addressed to the latest contact information you have provided, including, but not limited to, the email address last used, mailing addresses, or phone numbers. Additionally, CHAINS may provide notices by publishing on the Chains.com website. Any notice required or made under these Terms by you to CHAINS shall only be made through an email in English, sent to hello@chains.com.
CHAINS is not your broker, intermediary, agent, or legal advisor and has no fiduciary relationship or obligation to you in connection with any decisions or activities effected by you using CHAINS. No communication or information provided to you by CHAINS is intended as or shall be considered or construed as, investment advice, financial advice, legal advice, or any other sort of advice. All Services, Transactions, and Investments shall be executed automatically based on the parameters of your consideration. You shall be solely responsible for determining whether any services, any products, or investments are suitable and match your interests according to your judgement, objectives, circumstances and risk tolerance. You shall be solely responsible for any losses or liabilities therefrom.
Before executing any transactions, making any orders on CHAINS Services, and making any investment decisions, you should consult with your independent financial, legal, or tax professionals. CHAINS shall not be liable for the decisions you make to access or use CHAINS Services
20.1 Subject to the Privacy Policy, you hereby expressly and irrevocably permit and authorize CHAINS, its affiliates, its employees, and/or any other persons authorized by CHAINS to disclose all information provided by you to CHAINS for any purposes stipulated in these Terms.
20.2 CHAINS may offer its Users to receive service notifications and e-mail messages and/or newsletters regarding the Products’ updates, improvements, and other Users’ notifications with respect to CHAINS’ activities. However, Users may have the ability to opt out of receiving the notification, e-mails, and/or newsletters by contacting CHAINS and/or by clicking on the link available on the e-mails sent by CHAINS.
20.3 However, the confidentiality obligation shall not apply to the following:
20.3.1 any information which becomes generally known to the public, other than by reason of wilful or negligent acts, or omission of CHAINS or any of their respective Representatives;
20.3.2 any information which is required to be disclosed according to applicable laws or requirements set by any competent governmental or statutory authority, or according to rules or regulations of any relevant regulatory, administrative, or supervisory bodies including, but not limited to, any relevant stock exchange or securities council;
20.3.3 any information which is required to be disclosed according to any legal procedures issued by courts or tribunals.
20.4 The obligations contained in this Clause shall endure, even after the termination of your account or discontinuation of CHAINS Services in accordance with, and as permitted by, the provisions of these Terms, within five (5) years after terminating your CHAINS account except and until any confidential information enters the public domain.
PLEASE READ THIS SECTION CAREFULLY AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING A CLASS ACTION.
21.1 Notice of Claim and Dispute Resolution Period
Please contact CHAINS first. CHAINS seeks to address your concerns without resorting to formal legal proceedings whenever possible. If you have a dispute with CHAINS, you should contact CHAINS, and a case number will be assigned. CHAINS shall attempt to resolve your dispute internally as soon as possible. The parties will agree to negotiate in good faith to resolve the dispute and discussions will remain confidential and subject to applicable laws protecting settlement discussions from use as evidence in any legal proceeding.
21.2 Agreement to Arbitrate
You and CHAINS agree that subject to paragraph 21.1 above, any dispute, claim, or controversy between you and CHAINS that arises in connection with, or relating in any way, to these Terms, or to your relationship with CHAINS as a user of CHAINS Services (whether by contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by a mandatory final and binding individual arbitration rather than a class action, except as set forth below under Exceptions to the Agreement to Arbitrate. You and CHAINS further agree that the arbitrator shall have the exclusive power to rule on his or her jurisdiction, including, without limitation, any objections with respect to the existence, scope, or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court, including, if applicable, attorney fees, except the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. The arbitration provisions set forth in this Section shall survive termination of these Terms.
21.2.1 Arbitration Rules
The arbitration shall be subject to the Rules of Arbitration (the “ICC Rules”) of the International Chamber of Commerce (the "ICC"), which will be enforced. The arbitration will be administered by the International Court of Arbitration of the ICC. Unless the parties agree otherwise, there shall be only one arbitrator appointed in accordance with the ICC Rules. Any arbitration will be conducted in the English language unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT THAT HAS JURISDICTION OVER THE PARTY OR OVER THE ASSETS OF THE PARTY AGAINST WHOM SUCH AN AWARD IS RENDERED.
21.2.2 Time for Filing
Any arbitration against CHAINS must be commenced by filing a request for arbitration within one (1) year after the date the party asserting the claim first becomes reasonably aware of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that period. This one-year limitation period is inclusive of the internal dispute resolution procedure set forth in paragraph 1 of this Clause. There shall be no right to any remedy for any claim not asserted within that time period. If applicable laws prohibit a one-year limitation period for asserting claims. Any claim must be asserted within the shortest period permitted by applicable laws.
21.2.3 Process; Notice:
The party who intends to seek arbitration after the expiration of the Dispute Resolution Period set forth in paragraph 1 must submit a request to the ICC in accordance with the ICC Rules. If we request arbitration against you, we will send a notice to the email address or mailing address you have provided. You agree that any notice sent to this email or mailing address shall be deemed effective for all intents and purposes, including, without limitation, the determination of the adequacy of service. It is your obligation to ensure that the email address and/or mailing address on file with CHAINS is up-to-date and accurate.
21.2.4 Seat of Arbitration
The seat of the arbitration shall be Singapore.
21.2.5 Place of Hearing
The location of any in-person arbitration hearing shall be Singapore unless otherwise agreed by the parties.
21.2.6 Governing Law/Jurisdiction
The governing law of the arbitration shall be that of the Republic of Seychelles.
21.2.7 Confidentiality
The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any non-public information provided in the arbitration, and any submissions, orders or awards made in the arbitration (alongside the "Confidential Information") shall not be disclosed to any non-parties except the tribunal, the ICC, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to facilitate the arbitration. Notwithstanding the preceding, a party may disclose Confidential Information to the extent that disclosure may be required to fulfil a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive the termination of these Terms and any arbitration brought under these Terms.
21.3 Class Action Waiver
You and CHAINS agree that any claims relevant to these Terms, or your relationship with CHAINS as a user of CHAINS Services, shall be brought against the other party in arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and CHAINS further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable laws. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including CHAINS.
21.4 Modifications
CHAINS reserves the right to update, modify, revise, suspend, or make future changes to Section 21.2 regarding the parties Agreement to Arbitrate, subject to applicable laws. You hereby consent and agree that it is your responsibility to ensure that your understanding of this Clause is up to date. Subject to applicable laws, your continued use of your CHAINS account shall be interpreted as your acceptance of any modifications to Clause 18 regarding the parties Agreement to Arbitrate. You agree that if you object to the modifications to Clause 18, CHAINS may block access to your account pending closure of your account. In such circumstances, these Terms prior to modification shall remain in full force and affect the pending closure of your account.
22.1 Severability
If any of the provisions in these Terms is found by a court of competent authority to be invalid, void, unlawful or unenforceable under any applicable laws, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
22.2 Variation of Terms
CHAINS has the right to revise these Terms at our sole discretion at any time, and by using the Chains.com Website, you shall be expected to review such Terms regularly to ensure that you understand all provisions stipulated in these Terms.
22.3 Assignment
CHAINS shall be allowed to assign, transfer, and subcontract Our rights and/or obligations under these Terms without the need to provide you any notification or acquire your consent. Nevertheless, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms
22.4 Entire Agreement
These Terms, including the Privacy Policy and any rules contained on the CHAINS Platform, constitute the sole and entire agreement between You and CHAINS with respect to your use of the CHAINS Platform, and supersedes other prior or contemporaneous negotiations, discussions, agreements, understandings, representations, and warranties, both written and oral, between You and Chains with respect to such subject matter.
22.5 No Third-Party Rights
Nothing in these Terms shall be deemed to create any rights to any creditors or other persons, not a party hereto. Moreover, these Terms shall not be construed, in any respect, to be a contract, in whole or in part, for the benefit of any third parties.
22.6 Clickwrap
CHAINS will deliver CHA Tokens and provide all Chains Services through electronic means such as download links, graphical, tools or other technologies to the User. The User interfaces to such electronic means may require that the User agrees to these Terms by checking a box, clicking a button, or continuing with the Chains Services on Chains Platform. If user through such action the user becomes a Party to these Terms. Such an action of acceptance shall be sufficient to bind the users to the terms and conditions herein these Terms.
22.7 Waiver
The failure of one Party to require the performance of any provision shall not affect that Party s right to require performance at any time thereafter. At the same time, the waiver of one Party to seek recovery for the other Party s violation of these Terms of any provisions of applicable terms shall not constitute a waiver by that Party of any subsequent breach or violation by the other Party or of the provision itself.
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